6-10/200.00 Confidential Records



Procedures for subpoenaing the personal records of a consumer and the personnel records of a peace officer or other public employee are aimed at protecting the rights to privacy of those individuals. The following definitions are applicable to consumer, peace officer and public employee records.  Not included is a subpoena which does not request the records of any particular consumer or consumers and which requires the custodian of records to delete all information which would identify any consumer. (CCP 1985.3)

“Consumer” means any individual, partnership of five or fewer persons, association, or trust which   has used the services of the witness. Consumer” also includes a non-peace officer public employee whose personnel records are subpoenaed.

“Deposition officer” means an impartial professional photocopier.

“Personal records” means records of a consumer maintained by any witness.

“Subpoenaing party” means the person causing a subpoena duces tecum to be issued or served, but does not include public agencies.

“Witness” includes:

acupuncturist
accountant
anyone authorized to make loans secured by real property attorney
chiropractor
clinic
clinical or diagnostic laboratory l
dentist
escrow agent hospital
insurance company
institution of the Farm Credit System
medical center
ophthalmologist,
optometrist
pharmacist
pharmacy
physical therapist
physician
podiatrist
private or public preschool, elementary, or secondary school, or postsecondary school
psychotherapist
radiaology or MRI center
security brokerage firm state or national bank
state or federal association per FIN 102 state or federal credit union
telephone corporation which is a public utility title insurance company
trust company
underwritten title company veterinarian
veterinary hospital veterinary clinic